Step dad has advanced dementia - still has lots of financial stuff in his name - what can mum do?

[Athyrium]

My step dad has really deteriorated this last year, no longer knows his own home, is permanently confused and anxious, has visual hallucinations, soiling himself, still knows my mum but is convinced they aren't married. Unfortunately they never ever talked about the dementia, even when he was first diagnosed, and have been in denial tbh. Consequently they have left stuff in his name, from utiltity bills to savings account to shares and so on. I'm sure everything would be left to her in his will, but what if he needs to go into a nursing home? Would a court of protection order let her access any funds in his name to pay for his care? Im very confused by what a court of protection order would achieve and whether it is worth trying to get one, given the hassle and expense? Any advice much appreciated.

She needs to get lasting power of attorney. She'll need to go through a solicitor.

Unfortunately step dad no longer has the mental capacity to do this. This is the problem.

You can apply to the court of protection but it is more expensive than the lpoa (I've been looking in to it).

www.gov.uk/court-of-protection is the government website with the guidelines on. You can technically do it yourself but you may like to have a solicitor give it a look over.

So sorry that you are going through this, it is tough. Dementia is a cruel, cruel illness.

Sadly the only route now open to your Mum is to apply for a Deputyship order via the Court of Protection. The cost is £400 plus there will be an annual Deputy Bond (a kind of insurance policy) that will have to be paid to protect your step dad's assets. The cost of this is based on the value of his assets.
The procedure is quite lengthy - currently turnaround times are about 14 to 16 weeks.
You will also need a medical report from his doctor for which there will be a charge. Usually about £250 but it varies from GP to GP.
Your mum will need to get valuations of all his assets eg property, shares, bank accounts etc.
I am a lawyer who deals in this area so am well acquainted with the process.
You can do all the paperwork yourself. It is all available online. However many people find it quite daunting. If you decide to use a solicitor the cost will be about £850 (costs are capped by the Court) in addition to the fees mentioned above.
Once this is sorted your mum may wish to consider getting an LPA herself to avoid being in a similar situation herself in the future. The costs for an LPA are much lower and the application more straightforward.